Story time

There are many ways to describe the same situation, multiple stories are possible for every set of events. The  moral of each story is wildly different as are the heroes, villains and innocent bystanders. This is common in our smash-mouth politics, as we see everyday. 

It’s not that anything wrong was done (note the beautifully passive voice) in accidentally removing sensitive, automatically declassified national defense documents from their secure location, not by us, though those evil, partisan zealots on the other side are totally out of control, weaponizing everything, including illegally using laws and so-called legal procedures, clumsily planting fake evidence and willing to lie and do all manner of evil in an attempt to embarrass, dominate and win, because they’re sick and dangerous traitors who need to be hanging from lamp posts.   

Clearly there are other, much different, ways to lay out the facts and details and explain the cause and effect in this story. The main thing, in our litigious culture, beyond even accuracy, is that the story is emotionally compelling.

Bill Barr was found by a judge to have lacked candor in his representations to the court about a DOJ memo written in response to the Mueller Report.  He was found the other day, by a panel of appellate judges, to have been untruthful in asserting that the memo (on how to communicate to the public that Mueller had exonerated Trump for a crime Mueller said he could neither charge Trump with nor exonerate him for) was privileged because it discussed deliberations over whether to charge the former president with a crime or not.  Mueller and Barr relied on the same OLC memo that said a sitting president may not be charged with a crime, so there was no deliberation over whether to charge him in that memo.  Barr was lying, as Mueller suggested in his strongly worded letter about Barr’s misleading spin on the report, complaining that Barr had mischaracterized his findings.  Barr kept Mueller’s immediately written letter to himself for months, while claiming under oath that he had no inkling of what Bob thought of his characterization of the report.   

In another way of telling the story Barr was himself simply telling a story, it was puffery, a lawyer’s poetic license to spin the story to best suit his client’s needs. Those who share Barr’s worldview feel that Barr had every right, in the face of such, vicious, relentless enemies, to do everything that he did to help the leader he was rightfully protecting.

This is the society we are currently living in.   We don’t need to look at politics for more examples of wildly divergent, irreconcilable accounts of an occurrence people lived through together.   A blow up between old friends that nobody understood the reasons for will be described in incompatibly different stories.  In one, the four all played parts in the escalating tensions, discomfort, eruptions of anger and the sickening aftermath.  In another, three were pretty much the victims of one, a dangerous, sadistic and unforgiving person who nobody could even speak to without fear of being tortured.  In another, the blame for the accidental horrors was fairly evenly spread between three, while the fourth was largely blameless.   Another way of telling it was that once their respective traumatic childhood wounds were reopened, all bets were off, it was a zero sum war of survival, each against all.   The story then became one of alliances, who believed what and, in the end, whose story would become the final narrative in their little social circle.

One story lets the narrator completely off the hook, in fact, makes them the sympathetic victim and defender of a fellow victim, and they themselves will tell it calmly, yet passionately, to persuade friends of the truth of it.  In another story, the worst injury described will be completely absent from the first account.  Things one person remembers being said, things that shocked her, are not recalled by another person, the one who allegedly said it, though a third person does recall it, although not exactly as the first one said.

In one story the only way out is through a process of reconciliation, involving a painful but necessary conversation conducted in the safety of old friendship and extending the benefit of the doubt all around.  In another story the only solution, the only way to avoid reliving the devilishly painful details, is agreeing to forget the regrettable things ever happened and carrying on as if they didn’t, even though it means, unfortunately, tacitly tolerating the intolerable sadism of the stubbornly unforgiving one who tortured everybody and demanded they comply with a twisted version of events.

And on and on.   If the goal is peace, and restoration of what was lost, and that goal is shared, there seemingly should be a way out.   There is not always a way out, because, while we all consistently do the best we can, sometimes the best we can do is not good enough for somebody else.  If judged not good enough someone’s best can become the seed of a new story, and that failure of character is the reason we can never fix this broken, once beautiful, rare and cherished thing. 

At least we now know who to blame.

So-called law vs. popular rage

Law in a democracy, (while tilted towards the wealthy and politically powerful, who can employ armies of lawyers to negotiate, wheedle and delay on their behalf, and also hire expert lobbyists to rewrite laws that are disadvantageous to them), is the final word on what is legal or illegal and who is accountable to the rest of us.  That’s why we often hear “the rule of law” used as a synonym for democracy. 

Clearly there are multiple tiers to our justice system, and the rich and powerful are not generally debased by being subjected to the strict laws that are generously applied against the lower and criminal classes.   Here, we make no distinction between… you know the rest.  Still, our laws, and justice system, which apply to all citizens, residents and non-diplomatic visitors, are what protect our American experiment in democracy. 

In autocracy, the autocrat can change and bend the law at will.  Crooks that help the autocrat are given positions of power, immunity from prosecution, sprung from jail if convicted, pardoned and restored to positions of power.  Autocracy, as scholar of fascism Ruth Ben-Ghiat points out, is always enabled by a conspiracy of powerful criminals who ruthlessly serve the autocrat.  Note that the rule of law applied in Nazi Germany also, though every judge, prosecutor, and defense lawyer was required to be a Nazi party member and the law was whatever the Führer said it was on any given day.  

Here in the USA, even a judge vetted for loyalty to a political philosophy (membership in a legal fraternity with a strict view of how the law needs to be changed) and appointed by a president with a bent toward authoritarianism, will not be able to rule for his benefactor without evidence.  The courts, (until you reach the Supreme Court, constrained by neither ethical rules nor weighing of actual evidence, and where a medieval scholar can be cited as unappealable proof that abortion is murder), are bound by the rule of law, limited in their decisions by the weight of the actual evidence presented.

In a case I followed, Trump, et al v. Boockvar [1], one of hundreds of lawsuits brought by Trump for President, Inc. and the RNC prior to the 2020 election, in a concerted attempt to suppress Democratic mail-in and drop box votes, a young Federalist Society judge, J. Nicholas Ranjan, appointed for life by the plaintiff himself, ruled that evidence of massive potential voter fraud and “vote dilution” and all the rest of the claims Trump made against Pennsylvania Secretary of State Boockvar  must be presented.  He then ruled that the evidence presented, hundreds of pages of printouts of opinion pieces by Breitbart, FOX and the like, did not satisfy the legal definition of evidence of concrete harm.  In dismissing the case, he wrote more than a hundred additional pages explaining the legal rationale for every one of his decisions and detailing the authorities he relied on, for the benefit of the federal appeals court he wrote was likely to get the case.  He made his decision appeal-proof, basically.

A great day for the rule of law and the burden of proof.  Here’s a link to the case https://casetext.com/case/donald-j-trump-for-president-inc-v-boockvar-3  and I suspect you’ll be as shocked as I was to scan, at the top of the judge’s long decision, the list of hundreds of people involved in litigating a case that went on for months before being dismissed for lack of evidence.  There is also, naturally, a scary wink at the Federalist Society’s best hope for changing the nature of our multi-racial democracy, another seed of the Independent State Legislature “Doctrine” [2].  This “doctrine” is teed up for a 6-3 decision next term on whether state legislatures have the ultimate authority to decide who won federal elections in their state, no matter what “majoritarian tyranny” might have to say at the so-called voting booth.

In a court of law (outside of the current Supreme Court), you need proof of your legal injury or your case gets dismissed.  In the court of public opinion, proof is not necessary for angry partisans who believe the worst of their enemies automatically.  You need to keep righteous outrage boiling and have people willing to physically threaten those who insist on the, like totally unfair, “rule of law.”  What to make of an outrageously unfair law like the one below?  Makes you want to holler, if you support the man millions are vindictively hoping will be finally prosecuted for it, and many other crimes he appears to have serially committed:

18 U.S. Code § 793 – Gathering, transmitting or losing defense information

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—

Shall be fined under this title or imprisoned not more than ten years, or both.

(g) If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.

and, most unfair of all, if you make money by legitimately selling so-called national security documents, that you honestly believed you owned and had every right to sell, or do whatever else you wanted with, they try to “legally” confiscate the money you made!  On top of fines and prison time!

(h) (1) Any person convicted of a violation of this section shall forfeit to the United States, irrespective of any provision of State law, any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, from any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, as the result of such violation. 

Take names (agents who conducted the partisan search and illegal seizure, the judge who allowed it, and their families!) and… let’s just say “kick ass”.  Shame if anything happened to this nice little democracy of yours.   If you’re thinking of weaponizing the Secret Service (SS) innocently not informing members of Congress of on-line chatter calling for their murder, by name (hi, Nancy), on January 6, until hours into the riot — think again!

[1]

In Donald J. Trump for President, Inc. v. Boockvar, No. 2:20-cv-966, 2020 WL 5997680 (W.D. Pa. Oct. 10, 2020), the Western District of Pennsylvania dismissed a legal challenge to election guidance given by the Secretary of the Commonwealth of Pennsylvania regarding manned security near absentee drop boxes, performing of signature comparisons for mail-in ballots, and a county-residency requirement for poll watchers.

[2]  from Ranjan’s decision:

But the job of an unelected federal judge isn’t to suggest election improvements, especially when those improvements contradict the reasoned judgment of democratically elected officials. See Andino v. Middleton , ––– U.S. ––––, 141 S.Ct. 9, 9–10208 L.Ed.2d 7, (Oct. 5, 2020) (Kavanaugh, J. concurring) (state legislatures should not be subject to “second-guessing by an unelected federal judiciary,” which is “not accountable to the people”) (cleaned up).

Donald J. Trump for President, Inc. v. Boockvar, 493 F. Supp. 3d 331, 343 (W.D. Pa. 2020)

“I don’t know how to do this…”

You know what my father said to me before he died? And I mean right before he died, it might have been the last thing he said. He goes “I don’t know how to do this” and I said “it’s okay, dad, nobody knows how to do it” and a short time later he was just quiet and I saw that he wasn’t breathing. I closed his eyes with two fingers of my right hand and took the oxygen tube out of his nostrils.

I understand now that I said the right thing, what he needed to hear in that moment. “Nobody knows how” was a reassuring touch, but the words he needed to hear were “it’s okay, dad” they released him to go in peace. As he did a moment later, as gently as you can imagine.

Trump’s ongoing threat

New reporting, Trumpie reached out to Merrick Garland to inform him that the country is on fire and wanting to know what he could do to turn down the heat — outside of turning over evidence, being truthful, not doxxing traitors online, or calling on the most violent of his followers to stop threatening violence against Trump’s ever-expanding group. of enemies, the the ones whose home addresses, names of spouses and children and where the kids go to school has been posted on Trump’s Truth Social network.

Trumpie’s larger point is that he controls 90% of the country’s most volatile, unreasonable, violent assholes, and 100% of our enraged racists, and the other side may well have 90% of the more reasonable, less violent citizens, but we can all agree that it would be a shame if anything happened to this great divided burning country, Merrick, my friend. You know what I’m sayin’, Merrick? Merrick?

Put Cuffari in the stocks

Trump-appointed transparent liar and obstructionist DHS Inspector General Joseph V. Cuffari continues to lie and obstruct Congress. His aim is Trumpian — delay, deflect, mislead, omit, prevent production of evidence at all costs. Congress is considering their options for this lying sack of shit, who recently replied with this raft of crap:

He said he has published one review of the Jan. 6 attack and is working on two others. “When those two ongoing reviews are complete, we will be happy to provide briefings about them,” he wrote. . .

. . .“Sharing information about ongoing criminal investigations could impact potential witnesses or others who may be involved in the investigative process,” Cuffari wrote. “To protect the integrity of our work and preserve our independence, we do not share information about ongoing matters, like the information you requested in your letters.

“Similarly, we do not authorize our staff to sit for transcribed interviews with your committee about these ongoing matters,” he wrote. “Once these matters are complete, we will consider a renewed request for documents, briefings, or transcribed interviews.”

https://wapo.st/3QMJnpf

This transparently corrupt asshole, smugly aping the legitimate concerns of DOJ in its ongoing criminal investigations, serves at the pleasure of the sitting president. Biden should immediately dismiss Cuffari and have him placed in the stocks, within sight of Congress, next to Trump megadonor/postmaster general Louie DeJoy. Make them grim examples for the rest of MAGA world. Do it, Joe.

Trump sends MAGA militia after judge who signed Mar-a-Lago search warrant

When the former president leaked his copy of the search warrant to Breitbart, he left in the names of the two FBI agents who signed and served it and the name of the judge who signed the search warrant, after finding probable cause, based on DOJ’s detailed affidavit setting forth all of the reasons why evidence of a crime was probably at Mar-a-Lago. He fingered these three, and their families, for terrifying, physical retribution, as he does (don’t ask Mike Pence, the question, understanably, gives him indigestion).

The next thing I heard was that there was a huge spike in anti-Semitic chatter in White Christian Nationalist world. Turns out not only is Merrick Garland a Jew, but so, apparently is the judge who signed the search warrant to unleash the lying FBI intent on planting and lying about evidence stolen from Trump’s Palm Beach home and resort. As is universally despised dead pedophile Jeffrey Epstein.

So I did a quick search to confirm that the judge was indeed a Semite, and here are the top search returns. It turns out the judge’s name is Bruce Reinhart (no relation to Django) and the first few hits that come up are “Synagogue of Jewish judge who signed off on FBI search …” (yahoo news), Murdoch’s New York Post headline is next “Trump lawyer calls out judge who approved Mar-a-Lago search warrant for…” then Murdoch’s New York Post connects a few more nefarious dots “Judge who approved raid on Mar-a-Lago once linked to Jeffrey Epstein” (oh God, another Jewish pedophile!) we learned from that blurb that Reinhart had also donated to Barack Obama’s campaign in 2008. Something called JTA’s headline “the judge who signed FBI’s Mar-a-Lago warrant is facing violent…” then we get Fox News, moving in for the kill “Florida judge who signed the search warrant allowing the FBI to raid President Trump’s Mar-a-Lago estate was once linked to Jeffrey Epstein, according to a report.”

Several things become immediately clear when you do this quick Google search. One: the judge is indeed Jewish and there seems to be some concern at the synagogue he belongs to about unhinged men with guns or some other hateful plan arriving for Shabbat services. Two: Trumpworld is on full offense, already setting out (and searching out) the infuriating story of this biased fuck who not only … well, you know! Three, as we all know now, the guy was linked by reports to notorious pedophile, sick, evil bastard and Jew, Jeffrey Epstein.

And, with that, you know, based on reports, the People rest, and let’s make it a completely fair and balanced pogrom this time, shall we? Haha!

The Espionage Act and Rand Paul’s call to abolish it

Rand Paul (R-Ky) is an immense, reeking pile of excrement, and I say that with all due respect to prickly, eternally aggrieved Doctor Paul. He asked today how we know the FBI isn’t busy planting evidence, adding incriminating evidence to the boxes seized at Mar-a-Lago, how do we know the DOJ isn’t a bunch of liars? That said, his recent attack on the 1917 Espionage Act is not nearly as crazy as, say, his ongoing personal war with Anthony Fauci, or his generally paranoiac worldview.

The Espionage Act, as Paul points out, criminalizes certain forms of dissent in a way that offends the Constitution, the First Amendment specifically. The strict wartime law certainly needs to be looked at carefully and rewritten much better than its current form. The same could be said about Nixon’s 1970 Controlled Substances Act and other laws that are still on the books, laws that were made primarily for political purposes and that we can fairly conclude outlived their ugly origins.

So fine, Rand, let’s not prosecute Mr. Trump pursuant to the Espionage Act. Obstruction of justice fits Trumpie and his gang much better anyway.